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Do you think George parking his horse/car in a public parking lot outside a brothel should confer an expectation of privacy?

Can a bank or ATM miles away have a security camera, just on the off-chance that George stops to withdraw cash for said brothel?

Can police not stake out the brothel to gather evidence of prostitution because all the patrons have an expectation of privacy?

IE, is it ever acceptable to be noticed in public just because you may be doing something unsavory?



It's not the individual threads, it's the tapestry made whole.


That's a pretty nebulous answer. Just to help solidify my understanding of your position, can the government ever operate a camera recording a public roadway?


Not if its purpose is to surveil or monitor innocent people, that is the whole reason flock exists, to get around that restriction as a private entity. The government only has public cameras now because it is for other purposes like monitoring traffic congestion or things like floods.


Every security camera on Earth is there "to surveil or monitor innocent people". That's inherently how they work.


The issue is more that an individual has a right to be secure his/her belongings, is free from warrantless search and seizure, and a right to refrain from self-incrimination. All of these are violated by constant surveillance. Further, no such right was granted to government in the Constitution and is thus prohibited by the 10th amendment.


None of those are implicated by surveillance of public spaces. The 10th amendment also doesn’t restrict the general police powers of state governments. It restricts the powers of the federal government.




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